Jiang Ge's mother said that Chen Shifeng would be held accountable according to law after returning to China.
Chen Shifeng was released from prison. Can I continue to serve my sentence in China after returning home?
The murderer is from China, the victim is from China, and the killing place is Japanese. So, can we try it in China?
Answer: Theoretically, yes.
(a) from the criminal law, there is this possibility.
China citizens abroad, our criminal law also gives the same protection. The most representative is operation mekong, where the murderer of China citizens was brought to justice.
1. The murderer violated the criminal law of China in Japan and killed a Japanese citizen. According to China's criminal law, he can be investigated for criminal responsibility according to China's criminal law, and even sentenced to death.
Paragraph 1 of Article 7 of the Criminal Law stipulates: "This Law shall apply to China citizens who commit crimes stipulated in this Law outside the territory of China people. However, if the maximum penalty stipulated in this law is fixed-term imprisonment of not more than three years, it may not be investigated. "
2. Even after the Japanese court decides, the murderer can still be investigated for criminal responsibility according to China's criminal law after he is imprisoned in Japan.
Article 10 of the Criminal Law stipulates: "Anyone who commits a crime outside the territory of People's Republic of China (PRC) and should bear criminal responsibility according to this law, although he is tried in a foreign country, but is punished in a foreign country, can still be investigated according to this law, and his punishment can be exempted or mitigated."
Answer: Theoretically, yes.
(a) from the criminal law, there is this possibility.
China citizens abroad, our criminal law also gives the same protection. The most representative is operation mekong, where the murderer of China citizens was brought to justice.
1. The murderer violated the criminal law of China in Japan and killed a Japanese citizen. According to China's criminal law, he can be investigated for criminal responsibility and even sentenced to death according to China's criminal law.
Paragraph 1 of Article 7 of the Criminal Law stipulates: "This Law shall apply to China citizens who commit crimes stipulated in this Law outside the territory of China people. However, if the maximum penalty stipulated in this law is fixed-term imprisonment of not more than three years, it may not be investigated. "
2. Even after the Japanese court decides, the murderer can still be investigated for criminal responsibility according to China's criminal law after he is imprisoned in Japan.
Article 10 of the Criminal Law stipulates: "Anyone who commits a crime outside the territory of People's Republic of China (PRC) and should bear criminal responsibility according to this law, although he is tried in a foreign country, but is punished in a foreign country, can still be investigated according to this law, and his punishment can be exempted or mitigated."
(2) Because it involves judicial sovereignty, it is impossible to recapture domestic trials.
Every country will have judicial sovereignty and commit crimes in Japan. Japanese courts have priority jurisdiction over this case, and will hear the case, and will not transfer it to China for trial.
Just as a Japanese injures a Japanese in China, the China court will not transfer the case to the Japanese court for judgment.
(3) Having not been sentenced to death after returning to China after serving his sentence.
1. It is a common rule in all countries not to extradite prisoners sentenced to death, and this case will not be extradited to China for trial.
Japan has not been sentenced to death. After serving his sentence, he was deported to China. Although China law stipulates that the murderer can be investigated for criminal responsibility, it is difficult to do so in China, because it is difficult to obtain evidence unless the Japanese court is transferred to the China court.
I have been arrested and sentenced again after serving my sentence abroad. After Chen Shifeng returned to China, Jiang Ge's mother could call the police and ask the public security organs to investigate her criminal responsibility. The public security organ will take measures against Chen, and then the procuratorate will decide whether to prosecute and hold her accountable. It may be life imprisonment or a suspended death sentence, and the death penalty will not be executed immediately.
(4) What if Chen Shifeng doesn't want to return to China?
Li Miao, a reporter from Phoenix TV, confirmed through a lawyer that foreigners who were released on parole before serving their sentences are usually forcibly repatriated. However, if I don't want to be forcibly repatriated, the reason is that he may face the death penalty or the death penalty in his own country. In this case, he may re-apply to the Japanese court, that is, he will not be forcibly repatriated. If the court approves, he will stay in Japan for a period of time and be released on parole, so he can stay in Japan.
In this case, it is true that the Japanese government will not forcibly repatriate to China, but if the China government promises to the Japanese government that Chen Shifeng will not be sentenced to death (including a suspended death sentence), the Japanese government will repatriate to China.
After returning to China, not only can criminal responsibility be investigated, but Jiang Qiulian can also claim compensation.